Opinion
Robert Lauson, Esq., (SBN 175, 486), Edwin Tarver, Esq. (SBN 201, 943), LAUSON & TARVER LLP, El Segundo, California, Attorneys for Plaintiff, ANDCAKE, INC.
STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION
MANUEL L. REAL, District Judge.
Plaintiff, ANDCAKE, INC., and Defendants CRESTONE LLC, Robert Cho and Janet Cho, agree as follows:
1. Plaintiffs ANDCAKE is a corporation organized and existing under the laws of the State of California, engaged in creating various designs, and marketing and selling clothing since 1999, with a mailing address of 1532 N. Columbus Avenue, Glendale, California 91202 ("AndCake").
2. Defendant CRESTONE is a California Limited Liability Company, and Defendants Robert Cho and Janet Cho are all involved in distributing clothing in the U.S., and having a mailing address of 1121 S. Boyle Ave. #202, Los Angeles, CA 90023 (collectively "Crestone").
3. AndCake is the owner of U.S. Copyright Registration No. VA X-XXX-XXX "Samantha" for 2-D artwork ("the Work"). AndCake contends that Defendants' were involved in the distribution of infringing copies of the Work as embodied in an Eliza Tunic product being sold for a time by the Sundance Catalog.
4. Plaintiff AndCake contends that Defendants' acts of importing the accused product and re-selling it in the U.S. constitute copyright infringement pursuant to 17 U.S.C. Section 101 et seq. Defendants agree that judgment may be entered against them in the above-entitled action as set forth below, and the parties waive any findings of fact or conclusions of law under Fed.R.Civ.P. 52 or any other applicable rule, in order to effectuate the terms of this Order and fully resolve all claims asserted in this action.
THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
1. This Court has subject matter jurisdiction over this action as a federal question pertaining to copyrights pursuant to 28 U.S.C. §1338(a).
2. Plaintiff's registered copyright is presumed valid and enforceable, and was infringed by Defendants by their distributing of copies in the U.S.
3. Effective immediately Defendants and their owners, employees, agents, related companies, and all persons and entities in active concert or participating with any of them, are permanently enjoined from engaging in copyright infringement of U.S. Copyright Registration No. VA X-XXX-XXX "Samantha" including distributing any copies of the Work in the U.S. for so long as said copyright remains valid and enforceable.
4. Defendants, jointly and severally, shall pay to AndCake the sum of $10,000 (Ten Thousand U.S. Dollars) for damages as a result of said infringement,
AND THAT JUDGMENT BE ENTERED IN FAVOR OF PLAINTIFF ACCORDINGLY.